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STATE v. THURMAN

No. 882.

498 P.2d 697 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Winston THURMAN, jr., Defendant-Appellant.

Court of Appeals of New Mexico.

June 9, 1972.

Attorney(s) appearing for the Case

Donald C. Cox, Easley & Reynolds, Hobbs, for defendant-appellant.

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This appeal from a burglary conviction, see § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1971), is concerned with a video tape which was admitted into evidence, after which, the jury was instructed to disregard certain portions of the tape. The issues are: (1) relevancy; (2) foundation for admission; and (3) whether there should have been a mistrial.

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